The Steps of a Criminal Case

Section 187 deals with the case where the investigation cannot be completed within twenty-four hours. The accused is forwarded to a Magistrate, who may authorise detention. The provision sets the outer limit on that detention, and when the limit expires without a report the accused becomes entitled to be released on bail. That entitlement is the statutory edge of the right to a speedy trial and has a chapter of its own in Module III.

Step 3: The report

Section 193 requires the officer in charge to forward a report to the Magistrate on completion of the investigation, in the prescribed form, stating the names of the parties, the nature of the information, the names of the persons who appear to be acquainted with the circumstances, whether an offence appears to have been committed and by whom, whether the accused has been arrested, and whether he has been released on bond.

Where the investigation shows that no offence was committed, the report says so, and it is then called a closure report. The Magistrate is not bound by it and may direct further investigation or take cognizance himself.

Step 4: Cognizance

Taking cognizance is the Magistrate's application of his mind to the offence for the purpose of proceeding. It is not a formal order and is not defined; it is inferred from what the Magistrate does.

He may take cognizance on a police report, on a complaint, or on information received from any person other than a police officer, or on his own knowledge.

Step 5: The charge

Section 251 provides for the framing of a charge. In a Sessions trial the judge considers the record and the documents, hears the prosecution and the accused, and if he is of opinion that there is ground for presuming that the accused has committed the offence, frames a charge in writing. The charge is then read and explained to the accused, who is asked whether he pleads guilty or claims to be tried.

The step before this is discharge. If the judge considers that there is not sufficient ground for proceeding, he discharges the accused and records his reasons.

The charge is the accused's fundamental protection at this stage, because it fixes what he has to answer and prevents the prosecution shifting its case during the trial.

Step 6: Trial

The prosecution leads its evidence. Each witness is examined by the prosecutor, cross-examined by the defence and, if necessary, re-examined.

The accused is then examined so that he may personally explain the circumstances appearing in the evidence against him, and that examination is not on oath.

If the court considers there is no evidence that the accused committed the offence, it may acquit at that stage. Otherwise the accused is called on to enter his defence and may lead evidence, though he is under no obligation to lead any, since the burden is on the prosecution throughout.

Then arguments, and the case is closed for judgment.

Step 7: Judgment

Section 392 governs the judgment. It is pronounced in open court, is written in the language of the court, contains the point or points for determination, the decision on them and the reasons for the decision, and specifies the offence and the section under which the accused is convicted, or states the offence of which he is acquitted.

Step 8: Sentence

On a conviction the court hears the accused on the question of sentence before passing it. This step is separate from the finding of guilt and is the whole subject of Module III's topic 9. The court may also order compensation to the victim at this stage.

Step 9: Appeal

Section 413 states the governing rule: no appeal lies from any judgment or order of a criminal court except as provided by the Sanhita or by any other law for the time being in force. There is no general right of appeal in a criminal case; there is only the right the statute gives.

Section 415 provides the appeals from convictions, stating which court hears an appeal against a conviction according to the court that passed the sentence.

Beyond appeal lie revision, which is a supervisory power exercised on the record, and the constitutional jurisdictions of the High Court and the Supreme Court.

The nine steps, in a table

Worked example

A house in Bhiwandi is broken into on a Tuesday night. The owner telephones the police at six the next morning.

Step 1. The officer in charge records the information under section 173, reads it over, has it signed and gives the owner a free copy.

Step 2. He proceeds to the spot under section 176, seizes a broken lock, examines two neighbours and records their statements. He arrests a suspect on Thursday, and because the investigation cannot be completed in twenty-four hours, forwards him to the Magistrate under section 187.

Step 3. Three weeks later he files a report under section 193, naming the suspect and stating that an offence appears to have been committed.

Step 4 and 5. The Magistrate takes cognizance, and the court frames a charge under section 251, reads it over and asks the accused whether he pleads guilty.

Step 6, 7 and 8. The trial is held, judgment is delivered under section 392, and on conviction the accused is heard on sentence and may be ordered to compensate the owner.

Step 9. He appeals under section 415 to the court the section names. If the statute gave no appeal, section 413 would be a complete answer to him.

What it does NOT mean

The steps are not always in this order. Bail applications, discharge applications and further investigation cut across the sequence.

Not every case has all nine. A complaint case begins at the Magistrate, not at the police station. A case ending in discharge never reaches trial.

And the first information report is not evidence of what it states. It is a statement fixing the beginning, usable to corroborate or contradict its maker.

Quick revision

• Nine steps: information, investigation, report, cognizance, charge, trial, judgment, sentence, appeal.
• 173 information; 176 investigation; 183 confessions and statements before a Magistrate; 187 investigation not completed in twenty-four hours; 193 the report; 251 the charge; 392 the judgment; 413 no appeal except as provided; 415 appeals from convictions.
• Cognizance is not defined and is inferred from the Magistrate's application of mind.
• Section 413 is the rule that surprises: there is no general right of appeal in a criminal case.

Test yourself

1. Which section governs the recording of the first information, and who may give it? Section 173, and any person may give it. It must be reduced to writing if given orally, read over to the informant and signed, with a free copy to the informant.

2. What happens when the investigation cannot be completed within twenty-four hours? Section 187 applies. The accused is forwarded to a Magistrate who may authorise detention, and when the outer limit expires without a report the accused becomes entitled to be released on bail.

3. What must a judgment contain? Under section 392, the point or points for determination, the decision on them and the reasons, and the offence and section of conviction or the offence of which the accused is acquitted. It is pronounced in open court.

4. Is there a general right of appeal against a criminal judgment? No. Section 413 provides that no appeal lies except as provided by the Sanhita or by another law in force.